security deposit being withheld

[rezfreak]

Originally Posted by Spring Hillian

The law says a landlord is required to notify the tenant in writing no more than 30 days after receipt of the security deposit. The notice shall state:

A. The name and address of the bank or institution where the security deposit is being held.
B. If the tenant’s funds are being kept separate or if they are being commingled with other funds for the benefit of the tenant
C. The interest rate at which the security deposit is being held (if it is being held in an interest bearing account)
D. This notice can be delivered by mail or in person.

Does your landlord lease out 5 or more properties or units? If so landlord did not conform to section
B. Did landlord do a,c,d? If not he broke the law. What is your recourse? I dont know, but a landlord tenant attorney should be able to tell you. You may want to read FS 83.

i'm out of the state now, so an attorney would likely be pointless I would suppose, unless they end up screwing us out of the deposit. Luckily, i'm still close enough that a drive to court is still within reach. Never got the notice though. The owner is in another state, the management company is in brandon. I have no idea who holds the deposit in that case.

[bentlebee]

Originally Posted by rezfreak

i'm out of the state now, so an attorney would likely be pointless I would suppose, unless they end up screwing us out of the deposit. Luckily, i'm still close enough that a drive to court is still within reach. Never got the notice though. The owner is in another state, the management company is in brandon. I have no idea who holds the deposit in that case.

It should have been in your lease. Usually it will be the property manager who will hold it but there are exceptions but they are rare.

Depending on where the property is will be where you have to file and that may be Hillsborough County if the house is in Brandon or close by.

Keep in mind you will need to serve all parties you sue and that can be done at work or at a private address or in the public.

Our experience is that a private server works faster than the cops.

[rezfreak]

Originally Posted by bentlebee

It should have been in your lease. Usually it will be the property manager who will hold it but there are exceptions but they are rare.

Depending on where the property is will be where you have to file and that may be Hillsborough County if the house is in Brandon or close by.

Keep in mind you will need to serve all parties you sue and that can be done at work or at a private address or in the public.

Our experience is that a private server works faster than the cops.

Perhaps unless i'm completely dense, i cant see it anywhere in our lease :/

[shark601]

I have filed on small claims court and have a court date next month. The property manager in our case has since been fired due to the fact that he DOES NOT agree with the owners decision to keep our deposit after more than. A week after our walk through. In our case many things were done inappropriatly.
1. We were never notified where our deposit was being held let alone any info pertaining to the acct.
2. The money was taken out of state by the owner.
3. We were NOT notified by certified mail that they had decided to keep our deposit after we were already told it was in the mail.
4. I have tried to give her the opportunity to rectify the situation without having to go to court but she refuses.
I do have my before and after pics and a copy of the email from where I sent them to the property manager who. We moved in. The carpet was 10 years old and simply wanted to replace it to sell her home easier at my expense. Sorry she has messed with the wrong person. I will fight for what is right and she is very wrong. I will keep you all updated after our hearing. One thing I have learned from all of this is no matter how well you take care of things people are always gonna try to ********* because your dealing with a significant amount of money. You have to watch out and stand up for yourself because nobody else is gonna do it for you.

[shark601]

Oh, and because we had only ever had contact with the Property Manager, because he no longer works for the owner it was recommended to me to sue them both so I wouldn't have the chance when I get to court that I sued the wrong person and would have to start over.

[MAniacTHW]

Originally Posted by bentlebee

I would go to court over $ 1200!!! Really it is aside from the principal the right thing otherwise the owner will do it to the next person too.

$ 1200 is a lot of money for most people and for sure for me too and when the OP wins in court the entire court costs and interest will be paid back and the OP can incl. serving fees, etc.

I'm glad I'm not the only one who was questioning this comment. Why would you let a landlord take your money?

[greyhorsewoman]

You've gotten a lot of good information. I think you have a strong case (and kudos to you for having the foresight to take pictures when you moved in) to get your entire deposit back.

However, even if the landlord could claim that you had done damage to the carpet during your tenancy, he would only be entitled to the value of the carpet at the time of your leaving, not the cost of a brand new carpet. Since that carpet was 10-years old, it really had little value left to it anyway.

[phonelady61]

Originally Posted by greyhorsewoman

You've gotten a lot of good information. I think you have a strong case (and kudos to you for having the foresight to take pictures when you moved in) to get your entire deposit back.

However, even if the landlord could claim that you had done damage to the carpet during your tenancy, he would only be entitled to the value of the carpet at the time of your leaving, not the cost of a brand new carpet. Since that carpet was 10-years old, it really had little value left to it anyway.

I was going to say the same thing a 10 yr old carpet has very little value and you will see when you get into court the judge will ask about regular wear and tear on a ten yr old carpet and they will not be entitled to a new carpet to replace a 10 yr old carpet . I hope you get every red cent you are owed back I hate slum lords who think they can get over on people . I sued a land lord once who told me I would get my money back if I cleaned like it was when I moved in , I did and had the photos to prove it when I moved in and dated the photos and took photos and dated them when I moved out too . well he tried to say I left the place dirty well when we got to court he looked like a fool and the judge chewed him out and also called him a slum lord and he had better not appear before him again .....

[tinytrump]

This whole business with the certified mail etc not all places are adhering to the law at all !! and I called Tally regarding that in the Financial Regulations Div. - they were like aww --soo --and well-- and hmm-- yawn... what a bunch of crap,,, the companies are getting away with it, the $ 130 was placed in collections even before 20 days- was my kids deposit, but again the trouble, time, money not worth it,,they are simply are corporate THIEVES